Common use of Quotes and Orders Clause in Contracts

Quotes and Orders. The pricing terms, form of payment, timing of payment, quantity, duration, and configuration for the Subscription, Provided Equipment and Support may be contained in the Quote. If the Quote is a Quorum Quote, then this Agreement is explicitly made subject to the terms of such Quote and is deemed automatically incorporated into such Quote. To the extent the terms of a Quorum Quote specifically conflict with, modify, or add to, the terms of this Agreement, such Quorum Quote terms will control with respect to such matters. If the Quote is a Reseller Quote, then the scope of the Subscription (including Service Level and duration) and Support shall be as specified in such Quote, but this Agreement alone shall otherwise define the rights and obligations of you and Quorum hereunder; the other terms of such Reseller Quote, if any, will be binding only on you and the affected reseller. Subject to the foregoing, if you issue a purchase order based on a Quote, you will be deemed to have accepted the terms of this Agreement and the relevant terms of the Quote. Any additional or different terms or conditions in any order or other communication from you are hereby rejected and will be of no effect, notwithstanding any contrary provision in such order or other communication.

Appears in 3 contracts

Sources: Recovery Service Agreement, Recovery Service Agreement, Recovery Service Agreement